1Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2"An act concerning elections, including general, municipal,
3special and primary elections, the nomination of candidates,
4primary and election expenses and election contests; creating
5and defining membership of county boards of elections;
6imposing duties upon the Secretary of the Commonwealth,
7courts, county boards of elections, county commissioners;
8imposing penalties for violation of the act, and codifying,
9revising and consolidating the laws relating thereto; and
10repealing certain acts and parts of acts relating to
11elections," further providing for definitions, for
12qualifications of electors at primaries, for only enrolled
13electors to vote at primaries or hold party offices and for
14manner of applying to vote; providing for absentee voting by
15unaffiliated electors; and further providing for election
16officers refusing to permit elector to vote in proper party
17at primaries and for elector voting ballot of wrong party at
18primary.

19The General Assembly of the Commonwealth of Pennsylvania
20hereby enacts as follows:

21Section 1. Section 102 of the act of June 3, 1937 (P.L.1333,
22No.320), known as the Pennsylvania Election Code, is amended by
23adding a definition to read:

24Section 102. Definitions.--The following words, when used in
25this act, shall have the following meanings, unless otherwise

1clearly apparent from the context:

2* * *

3(z.6) The words "unaffiliated elector" shall mean a
4qualified elector who is not enrolled as a member of a political
5party.

6Section 2. Sections 702 and 802 of the act are amended to
7read:

8Section 702. Qualifications of Electors at Primaries.--The
9qualifications of electors entitled to vote at primaries shall
10be the same as the qualifications of electors entitled to vote
11at elections within the election district where the primary is
12held, provided that no unaffiliated elector [who is not
13registered and enrolled as a member of a political party, in
14accordance with the provisions of this act,] shall be permitted
15to vote the ballot of such party or any other party ballot at
16any primary unless he has complied with section 1210(a.5).

17Section 802. [Only Enrolled] Electors Entitled to Vote at
18Primaries or Hold Party Offices.--[No] (a) Except as otherwise 
19provided in subsection (b), no person who is not registered and
20enrolled as a member of a political party shall be entitled to
21vote at any primary of such party or to be elected or serve as a
22party officer, or a member or officer of any party committee, or
23delegate or alternate delegate to any party convention.

24(b) An unaffiliated elector shall be entitled to vote at any
25primary of one political party as provided in section 1210(a.5).

26Section 3. Section 1210(a.3)(5) and (d) of the act, amended 
27or added October 8, 2004 (P.L.807, No.97) and March 14, 2012 
28(P.L.195, No.18), are amended and the section is amended by
29adding a subsection to read:

30Section 1210. Manner of Applying to Vote; Persons Entitled

1to Vote; Voter's Certificates; Entries to Be Made in District
2Register; Numbered Lists of Voters; Challenges.--* * *

3(a.3) * * *

4(5) As each voter votes, his name in the order of voting
5shall be recorded in two (2) numbered lists of voters provided
6for that purpose, with the addition of a note of each voter's
7party enrollment after his name at primaries and, in the case of 
8an unaffiliated elector, with the addition of a note of the 
9party chosen by the unaffiliated elector after his name at 
10primaries.

11* * *

12(a.5) An unaffiliated elector who appears to vote at a
13primary and who desires to vote shall first sign an affidavit
14declaring that he is not enrolled in a political party and
15desires to vote the ballot of one political party at such
16primary. The election official shall confirm with the district
17register that the unaffiliated elector is not enrolled as a
18member of a political party and shall permit the unaffiliated
19elector to vote the ballot of the political party of the
20unaffiliated elector's choice.

21* * *

22(d) No person, except a qualified elector who is in actual
23military or naval service under a requisition of the President
24of the United States or by the authority of this Commonwealth,
25and who votes under the provisions of Article XIII of this act,
26shall be entitled or permitted to vote at any primary or
27election at any polling place outside the election district in
28which he resides, nor shall he be permitted to vote in the
29election district in which he resides, unless he has been
30personally registered as an elector and his registration card

1appears in the district register of such election district,
2except by order of the court of common pleas as provided in this
3act, and any person, although personally registered as an
4elector, may be challenged by any qualified elector, election
5officer, overseer, or watcher at any primary or election as to
6his identity, as to his continued residence in the election
7district or as to any alleged violation of the provisions of
8section 1210 of this act, and if challenged as to identity or
9residence, he shall produce at least one qualified elector of
10the election district as a witness, who shall make affidavit of
11his identity or continued residence in the election district:
12Provided, however, That, except as otherwise provided by 
13subsection (a.5), no person shall be entitled to vote as a
14member of a party at any primary, unless he is registered and
15enrolled as a member of such party upon the district register,
16which enrollment shall be conclusive as to his party membership
17and shall not be subject to challenge on the day of the primary.

18* * *

19Section 4. The act is amended by adding a section to read:

20Section 1301.1. Absentee Voting by Unaffiliated Electors.--A
21qualified elector under section 1301 who is an unaffiliated
22elector may, on the absentee ballot application, declare that he
23is not enrolled in a political party and desires to vote the
24ballot of one political party of the qualified elector's choice.

25Section 5. Sections 1824 and 1834 of the act, amended
26February 13, 1998 (P.L.72, No.18), are amended to read:

27Section 1824. Election Officers Refusing to Permit Elector
28to Vote in Proper Party at Primaries.--Any judge, inspector or
29clerk of election who refuses to permit an elector at any
30primary at which ballots are used to receive the ballot of the

1party with which he is enrolled, or who gives to any such
2elector the ballot of any party in which he is not enrolled, or 
3any judge, inspector or clerk of election who refuses to permit 
4an unaffiliated elector who has complied with section 1210(a.5) 
5at any primary at which ballots are used to receive the ballot 
6of one party, or who gives to any such elector the ballot of a 
7political party not chosen by such unaffiliated elector, or any
8judge, or inspector of election, or machine inspector who, at
9any primary at which voting machines are used, adjusts any
10voting machine about to be used by an elector so as not to
11permit [him] such elector to vote for the candidates of the
12party in which he is enrolled, or so as to permit [him] such 
13elector to vote for the candidates of any party in which he is
14not enrolled, or any judge, or inspector of election, or machine 
15inspector who, at any primary at which voting machines are used, 
16adjusts any voting machine about to be used by an unaffiliated 
17elector who has complied with section 1210(a.5) so as not to 
18permit such elector to vote for the candidates of any one party 
19chosen by such unaffiliated elector, or so as to permit such 
20unaffiliated elector to vote for the candidates of a party not 
21chosen by such unaffiliated elector, shall be guilty of a
22misdemeanor of the first degree, and, upon conviction thereof,
23shall be sentenced to pay a fine not exceeding ten thousand
24($10,000) dollars, or to undergo an imprisonment of not more
25than five (5) years, or both, in the discretion of the court.

26Section 1834. Elector Voting Ballot of Wrong Party at
27Primary.--(a) Any elector who shall wilfully vote at any 
28primary the ballot of a party in which he is not enrolled, in 
29violation of the provisions of this act, shall be guilty of a 
30misdemeanor of the second degree, and, upon conviction thereof, 

1shall be sentenced to pay a fine not exceeding five thousand 
2($5,000) dollars, or to undergo an imprisonment of not more than 
3two (2) years, or both, in the discretion of the court.

4(b) Subsection (a) shall not apply to an unaffiliated
5elector who complies with section 1210(a.5).

6Section 6. This act shall take effect in 60 days.